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AB-485 Hate crimes: reporting.(2021-2022)

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Date Published: 03/26/2021 04:00 AM
AB485:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 485


Introduced by Assembly Member Davies Nguyen
(Principal coauthor: Senator Bates)

February 08, 2021


An act to add Section 1170.99 to amend Section 13023 of the Penal Code, relating to criminal procedure. hate crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 485, as amended, Davies Nguyen. Criminal procedure: sentencing: habitual offenders. Hate crimes: reporting.
Existing law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Attorney General to direct local law enforcement agencies to report information relating to hate crimes to the Department of Justice, as specified, and requires the department to post that information on a specified internet website on or before July 1 of each year.
This bill would additionally require local law enforcement agencies to post the information sent to the department on their internet website on a monthly basis.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, generally, proscribes certain acts or omissions, and provides for punishments for violation of those criminal acts. Existing law, generally, categorizes these criminal acts as either felonies, punishable by imprisonment in the state prison or a county jail for a term of one year or more, misdemeanors, punishable by imprisonment in a county jail for up to one year or by a fine, or infractions, punishable only by a fine.

This bill would deem a person who is convicted of 3 qualifying misdemeanors offenses that were committed within a one year period, as specified, to be a habitual offender. The bill would require a habitual offender, upon conviction of the 3rd offense, as specified, to be sentenced for a term of no less than 6 months, but not to exceed one year, of imprisonment in the county jail, home detention and supervision with electronic monitoring, or detention and supervision at a residential treatment facility.

By increasing the penalty for certain offenses, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13023 of the Penal Code is amended to read:

13023.
 (a) Subject to the availability of adequate funding, the Attorney General shall direct local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes. This information may include any general orders or formal policies on hate crimes and the hate crime pamphlet required pursuant to Section 422.92.
(b) On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.
(c) Local law enforcement agencies shall additionally post the information required in subdivision (a) to their internet websites on a monthly basis.

(c)

(d) For purposes of this section, “hate crime” has the same meaning as in Section 422.55.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 1170.99 is added to the Penal Code, to read:
1170.99.

(a)If a person is convicted of any qualifying misdemeanor offense, and that offense was committed within one year after any two other qualifying misdemeanor offenses for which the person was convicted, the person shall be sentenced for the third offense as a habitual offender.

(b)A habitual offender shall be punished by one of the following:

(1)Imprisonment in the county jail for no less than six months, but not to exceed 364 days.

(2)Home detention for no less than six months, but not to exceed 364 days.

(3)Detention in a residential treatment facility for no less than six months, but not to exceed 364 days.

(c)Home detention or detention in a residential facility may allow outside access to employment or educational programs, but shall be enforced by electronic monitoring or similar means of direct supervision.

(d)This section does not restrict the court from imposing other additional penalties, sanctions, or orders authorized by law including, without limitation, fines, restitution, or license suspension.

(e)For purposes of this section, a qualifying misdemeanor means any offense punishable by law as a misdemeanor that occurs as part of a separate incident, occurrence, or case as any other qualifying misdemeanor. A qualifying misdemeanor includes conduct that is punishable as a felony for which the person was convicted of a misdemeanor.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.